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LAW OF THE REPUBLIC OF MOLDOVA

of December 21, 2017 No. 302

About Customs Service

(as amended on 16-12-2020)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

(1) This law regulates the organization, functioning and activities of Customs Service, legal status, social protection and service of the government employee with special status of Customs Service.

(2) the Customs Service is the administrative authority subordinated to the Ministry of Finance performing the functions and powers and realizing customs policy of the state by uniform and impartial application of the customs legislation for the purpose of ensuring economic safety of the state within the competence. The Customs Service uses administrative autonomy and autonomy in decision making with observance of provisions of the current legislation.

(3) Activities of Customs Service are special type of public service which consists performed by functions and powers of Customs Service as component of system of law enforcement agencies and state security agencies.

Article 2. Legal basis

The Customs Service performs the activities according to provisions of the Constitution of the Republic of Moldova, the Customs code of the Republic of Moldova, this law, other regulations regulating customs activities and also according to international treaties which party is the Republic of Moldova.

Article 3. Basic principles of activities

(1) Activities of Customs Service are performed only on basis and in pursuance of the law according to the principles of legality, impartiality, nondiscrimination, professionalism, independence, integrity, transparency, objectivity, efficiency, loyalty and responsibility.

(2) the Customs Service cooperates with civil society, providing access to official information, except for information of limited access, the publication on the official web page to information of social significance and transparency of decision making process in the procedure established by the law.

Article 4. Competence of the Ministry of Finance

(The Ministry of Finance develops 1) and pursues customs policy of the state, determines the purposes and indicators of effectiveness of Customs Service, approves the budget of Customs Service, requests and considers information and activities reports of Customs Service, performs other functions provided by this law.

(2) Annually till February 15 the Customs Service submits to the Ministry of Finance the annual statement about the activities for last year. The annual statement about activities of Customs Service is published on its official web page.

Chapter II. Organization and functioning of Customs Service

Article 5. Structure and extreme number

(1) the Customs Service is separate organizational structure in administrative system of the Ministry of Finance.

(2) the Customs Service consists from:

a) central office;

b) the customs which is territorial subdivisions subordinated to central office with the status of the legal entity;

c) the customs posts which are territorial subdivisions subordinated to customs without the status of the legal entity.

(3) the Central office of Customs Service and customs are legal entities of the public law, have seal with the image of the State Emblem of the Republic of Moldova, treasurer accounts and are financed from the government budget.

(4) Regulations on the organization and functioning of Customs Service, its extreme number affirm the Government according to the proposal of the Minister of Finance. The general structure of Customs Service affirms the Minister of Finance, and organizational structure of territorial subdivisions of Customs Service – her director.

(5) the Customs Service creates the advisory committee which is body for assistance to international trade which purpose is promotion of dialogue and partnership between Customs Service and business community for ensuring transparency and implementation of the best international practices in the field of customs affairs. The organization, functioning, structure of advisory committee and procedure for adoption of decisions by it are established by the provision approved by the order of the director of Customs Service.

(6) In Customs Service the board, the working commissions and groups on different questions in the field of customs affairs which part specialists from the respective areas are can be created.

Article 6. Management of Customs Service

(1) Management of Customs Service is performed of the director and one or several of his deputies whose number is established by the Government according to the proposal of the Minister of Finance.

(2) Ceased to be valid.

(3) person meeting the requirements, the established this law and the Law on the state position and the status of the government employee No. 158/2008 can be the Candidate for position of the director.

(4) cannot be appointed to the director's position person having criminal record for intentionally committed heavy, especially heavy and extremely serious crimes, and also person having criminal record for making of crimes against proper operating procedure in the public sphere even if the criminal record is extinguished or person is exempted from criminal liability under amnesty or according to the procedure of pardon.

(5) In departure from provisions of the Law on the state position and the status of the government employee No. 158/2008 the director is appointed to position by the Minister of Finance.

(6) the Director can be discharged of post by the Minister of Finance in one of the following situations:

a) in the cases provided by this law;

b) in cases, the stipulated in Article 64 Laws on the state position and the status of the government employee No. 158/2008;

c) ceased to be valid.

(7) Change, suspension and the termination of the office relations of the director are performed by the Minister of Finance according to the law.

(8) person meeting the requirements established in parts (3) and (4) can be the Candidate for position of the deputy director. Position assignment, change, suspension and the termination of the office relations of the deputy director of Customs Service are performed by the Minister of Finance according to the proposal of the director.

(9) Director:

a) directs Customs Service;

b) exercises control of activities of Customs Service;

c) provides realization of mission and execution of functions of Customs Service and bears the personal liability before the Minister of Finance for their sale / execution;

d) establishes obligations of the deputy director;

e) will organize system of internal managerial supervision, and also internal audit function in Customs Service;

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